Man told garda: "I am going to get you" in foul mouthed roadside row
A man who told a garda: “I am going to get you”, after claiming he was being racially profiled when stopped at a checkpoint has escaped criminal conviction.
Ryan Francis, of 22 Palace Crescent, Longford, pleaded guilty to engaging in threatening and abusive behaviour following an incident at Edercloon, Bornacoola, Co Longford on November 10, 2020.
The court heard how Mr Francis had been stopped by gardaí after it became apparent a rear seat passenger was not fully fastened in.
Sgt Enda Daly, for the State, said when Garda Alan Doherty spoke to the accused he claimed the officer was “racially profiling” him.
The incident took place when Longford and the wider country at large was in the throes of Level 5 Coronavirus lockdown restrictions.
“The defendant was not wearing a face mask and asked to stand two metres away,” he said, adding that Mr Francis repeated his racial allegation for a second time before running across the road and almost causing an accident in the process.
“The defendant was still very agitated and was shouting in the face of Garda Doherty and said: ‘I am going to get you’.”
After being asked to leave the scene, Sgt Daly said the accused proceeded to call gardaí who were present, “a********” with prosecuting gardaí deeming an adult caution unsuitable given the nature of the offence.
In defence, solicitor Frank Gearty said had his client exercised more respectful conduct on the day, he would have been able to benefit of the adult cautioning system which would have meant the case would never have come to court.
Mr Gearty also indicated Mr Francis was fully acceptive of his actions on the day of the alleged incident.
He also told of how his client's behaviour was an isolated aberration, revealing that the father of three was the owner of a gym in Gortletteragh.
“He completely withdraws the suggestion he was being racially profiled and greatly regrets what happened,” he said.
The local solicitor added the incident transpired when the nation was mired in pandemic imposed restrictions, in an environment which left Mr Francis “on tenterhooks”.
Mr Francis, who stood beside Mr Gearty throughout the hearing at a recent District Court sitting replied: “I am” when asked if he was remorseful over what had occurred.
Mr Gearty continued his mitigation by asking the court if it would be disposed to affording Mr Francis the right to make a contribution to the Garda Benevolent Fund in order to allow him “make peace” with the judiciary.
In summation, Judge John Brennan termed the episode as “nasty enough”, saying what was especially alarming was the length the incident went on for.
“He had every opportunity to retreat,” he said, describing Mr Francis' use of the term 'racial profiling' as “gratuitous”.
He added: “He (Mr Francis) didn't do it once, he did it again and ran across the road and nearly caused an accident.”
Mr Gearty continued by conceding his client had taken on more than he had bargained for in squaring up to the towering Garda Doherty who, he said, “could play second row” in rugby.
Judge Brennan said he would be amenable to exercising Mr Francis discretion on the provisio he offered up a sum of €200 to local disability provider St Christopher's.
That payment was made moments later, leading Judge Brennan to apply Section 1 (1) of the Probation Act.